Private Health Insurance Act 2007

CHAPTER 3 - COMPLYING HEALTH INSURANCE PRODUCTS  

PART 3-3 - REQUIREMENTS FOR COMPLYING HEALTH INSURANCE PRODUCTS  

Division 84 - Enforcement of this Part  

SECTION 84-10   INJUNCTION IN RELATION TO NON-COMPLYING POLICIES  

84-10(1)    
If a private health insurer has engaged, is engaging, or is proposing to engage, in conduct:

(a)    that contravenes or would contravene section 63-1 ; or

(b)    that is or that would be an offence against section 84-1 ;

the Federal Court may, on application by a person mentioned in subsection (3) , grant an injunction restraining the insurer from engaging in the conduct.

84-10(2)    
If:

(a)    a private health insurer has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do a thing; and

(b)    the refusal or failure:

(i) contravenes or would contravene section 63-1 ; or

(ii) is or would be an offence against section 84-1 ;

the Federal Court may, on application by a person mentioned in subsection (3) , grant an injunction requiring the insurer to do the thing.

84-10(3)    
For the purposes of subsections (1) and (2) , an application may be made by:

(a)    the Minister; or

(b) (Repealed by No 87 of 2015)

(c)    any other person.

84-10(4)    
The court may grant an interim injunction pending the determination of an application under subsection (1) or (2) .

84-10(5)    
The court must not require an applicant for an injunction to give an undertaking as to damages as a condition of granting an interim injunction.

84-10(6)    
The court may discharge or vary an injunction granted under this section.

84-10(7)    
The power of the court to grant an injunction restraining a private health insurer from engaging in conduct may be exercised:

(a)    whether or not it appears to the court that the insurer intends to engage again, or to continue to engage, in conduct of that kind; and

(b)    whether or not the insurer has previously engaged in conduct of that kind.

84-10(8)    
The power of the court to grant an injunction requiring a private health insurer to do a thing may be exercised:

(a)    whether or not it appears to the court that the insurer intends to refuse or fail again, or to continue to refuse or fail, to do that thing; and

(b)    whether or not the insurer has previously refused or failed to do that thing.